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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. It is crucial to document your losses for obtaining full damages. Keep the track of all medical expenses as well as out-of the pocket expenses. Economic damages are a result of your past and future medical expenses as well as lost wages. Also, it covers your suffering and pain and the loss of companionship. Statute of Limitations If you've been injured by someone else's negligence or wrongful act, you must start a lawsuit as soon as you can. Statutes of limitations are legal time limits that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. These limitations are different for each state and type of claim and are typically subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries caused by a car accident the statutes of limitation are three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitations applicable to your case and ensure that it is filed on time. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to be aware that even if your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your case, so that they can inform you of all the options available. In most instances, your statute of limitations starts to begin running from the date of the incident that caused you injury. In certain situations, such as exposure to toxic substances or medical malpractice the limitation period is not set until you are aware or would have known that your injury was caused by a negligent act. This is known as the discovery rule. There are also a few instances where the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be examined by a knowledgeable personal injury lawyer. The attorneys at Littman & Babiarz can help you if you were injured as a result of an unintentional act of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are intended to compensate you for expenses resulting from your injury, such as medical expenses, lost income and suffering and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one passed away because of reckless behavior by another person, you could be able recover the cost of wrongful death. A court must establish four elements to determine who is responsible for your injury that result from a breach of duty, causation and damages. To establish a duty, the defendant must have an obligation under law to be responsible in a specific circumstance. Negligence is the failure to meet this obligation. A breach of this obligation is the direct cause of the injury you sustained. To be able to claim damages, the injury must have caused significant damage or injury. For example an accident in a car that resulted in a severed arm would have substantial medical costs and likely an interruption in wages. The defendant's reckless or careless actions directly caused the injury. A claim for wrongful death could include funeral and burial expenses for your loved one as well as emotional distress that your family or you suffered. Non-financial damages are harder to calculate. Your lawyer will employ various methods to determine the value of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries have affected your physical, mental, and emotional well-being can help support your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the responsible party. The damages can only be granted when a jury or judge finds the defendant's conduct to be outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, or malicious actions, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant committed the offense in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. San Leandro injury attorneys of compensation you receive for your injuries is contingent on how your case will be decided. If your claim is contested by a jury, the jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will agree to settle out of court. This lets them save the time and money of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement covers both economic and non-economic damages. The former includes costs such as medical expenses, lost wage and property damage. The latter include things like suffering, pain and loss of enjoyment your life. The process of determining a value for these damages is often challenging however, an attorney can help determine the value of your injuries. Typically an insurance company will offer an agreement before your case goes to trial. They will examine the evidence you have collected and determine how much they will consider your claim. You might be required to submit a letter of demand, along with your evidence and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have an appropriate claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket due to the accident. In some instances the settlement could also include a portion of any future treatment that your doctor believes you will require as a result of the. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This kind of compensation is typically given to children or spouses who have suffered due to the loss of a loved ones due to an accident caused by someone else's negligence. You could also be eligible for punitive damages if you were found to be particularly negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless actions. Filing a Lawsuit After contacting a personal injury attorney, a person should begin accumulating evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Documentation of lost income or property damage should be included in a claim. If the parties fail to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant then has a certain amount of time to reply. During this stage, both parties will complete the discovery process in which they examine the defenses and claims of the other party. This could take a considerable amount of time and will likely involve a lot of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept, deny or counteroffer the offer. It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. A good lawyer can go through all the evidence available to verify that your losses are compensated. They can also eliminate unnecessary expenses and help to keep track of the funds you are entitled receive. New York law allows for each person to be compensated for their share of the blame if more than one party is accountable for an accident. A skilled attorney can also help with workers' compensation cases. Certain personal injury cases require the assistance of experts in fields such as economics, medicine and engineering. Your lawyer will help you select a specialist who can provide testimony to help your case. Depending on the specifics of the case, it may be decided out-of-court or at trial.